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What is the process for obtaining a green card through marriage to a U.S. citizen?

Picture of Chris Battis By   ·  1 minute read

The process for obtaining a green card through marriage to a U.S. citizen involves several steps.

  1. Firstly, the U.S. citizen spouse must file a Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the U.S. citizen and their spouse, and confirms that the marriage is genuine and not solely for immigration purposes.
  2. Once the Form I-130 is approved, the foreign spouse must file a Form I-485, Application to Register Permanent Residence or Adjust Status. This form requests that USCIS adjust the foreign spouse's status from nonimmigrant to immigrant, and grants them lawful permanent resident (LPR) status in the U.S. This process is also known as "adjustment of status."
  3. In addition to Form I-485, the foreign spouse must undergo a medical examination and provide evidence of financial support. This may include tax returns, bank statements, or a Form I-864, Affidavit of Support, from the U.S. citizen spouse or a joint sponsor.
  4. If the foreign spouse entered the U.S. legally, they may be able to apply for adjustment of status without leaving the country. However, if they entered without inspection or overstayed their visa, they may need to leave the U.S. and apply for an immigrant visa at a U.S. consulate abroad.
  5. Once the foreign spouse's Form I-485 is approved, they will receive a green card in the mail. The green card grants them LPR status, which allows them to live and work in the U.S. indefinitely.

It is important to note that USCIS may deny the application if they suspect fraud or other misrepresentations. It is recommended that spouses seeking a green card through marriage consult with an experienced immigration attorney to ensure they are following all necessary procedures and submitting accurate documentation.

In summary, the process for obtaining a green card through marriage to a U.S. citizen involves filing a Form I-130, followed by Form I-485. The foreign spouse must also provide evidence of financial support and undergo a medical examination. It is important to consult with an immigration attorney to ensure all necessary steps are followed and accurate documentation is submitted.